Law abstracts Essay Example | Topics and Well Written Essays - 3000 words

Law abstracts - Essay instanceThe resulting document was described on its face as a flier of payload and consisted of three documents. The fashion was partially consistent with a traditional turn on of lading, but was essentially a direct bill of lading. In an action for damages for the printing equipment, the plaintiff sought to rely on the Hague/Visy Rules. Outcome In the hearing of first instance, an arbitral panel ruled that since the agreement for shipment was concluded by faithfulness of a straight bill of lading, the Hague Visby Rules were inapplicable. This decision was upheld the Commercial Court upon appeal. The Commercial Court ruled that the straight bill of lading was not within the parameters of Article 1(b) of the Hague/Visby Rules. The Court of Appeal reversed the Commercial Courts thought and the defendant appealed to the firm of Lords. In a unanimous decision, the House of Lords confirmed the decision of the Court of Appeal. The House of Lords ruled that, a t the time of drafting and implementing the Hague/Visby Rules, straight bills of lading were in widespread use among carriers and consignees. Had the drafters of the Hague/Visby Rules think to exclude the Rules applicability to straight bills of lading, it would have specifically said so. ... In this regard, a straight bill of lading was covered by the Rules if it was either a bill of lading or some other document of title revealing the rights and duties of the parties. Commentary on the Case Schmitz argues that the straight bill of lading is usually rejected as a formal bill of lading because it is usually non-transferrable. However, the House of Lords ruling in the Rafaela demonstrates the need for flexibility as technological advancements have changed the character and form of traditional bills of lading and it is straight necessary to analyse content as opposed to form to determine whether or not a document can be regarded as a bill of lading or a akin(predicate) document o f title.1 Dockray also argues that the Raefela also cleared up longstanding doubts that a straight bill of lading was a bill of lading under the Hague/Visby Rules.2 The meaning of Seaworthiness pursuant to Article 3(1) Hague/Visby Rules Actis Co. Ltd. v Sanko steamer clam Co. Ltd. (The Aquacharm) 1982 1 WLR 119. Plaintiff Actis Co. Ltd. Defendant Sanko Steamship Co. Ltd. (The Aquacharm) Facts In 1971, the defendant deployed the Sanko on a time let to transport a shipment of coal to Japan from the US. The charterers required that the ship be loaded to the order of payment which was permitted by the Panama Canal Company. The ships master permitted 43,000 tonnes of coal but failed to take into eyeshade the fact that the ships bow had a tendency to lean when passing out of brininess water into fresh water during its journey through the Panama Canal while transporting the coal. As a result, the plaintiffs cargo was delivered later than the time stipulated for delivery. Therefore the plaintiff sought damages for expenses